Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-03

ration, or association, or any mercantile
agricultural, or manufacturing society, OF
any BODY polite or municipal organiza.
ton, complaining Of anything done O,
omitted to be done by any common car.
rier subject to the provisions of this act
in contravention of the provisions thereof
may apply to said commission by petition,
which snail briefly state the facts, where
upon statement of the damages thus
made shall be forwarded by the COM
mission to such common carrier, VINO
snail be called upon to satisfy
the complaint or to answer the
same in writing within a reason
able time, to be specifi d by the commits
sion. If such common carrier, within
the specified time, shall make reparatiOn
for the injury alleged 10 have been done,
said carrier shall be relieved of liability
to the complainant only for the particular
violation Of law thus complained of. If
such carrier shall not satisfy the COM
plant within the time specified, or there
shall appear TO be any reasonable ground
for Investigating said complaint it shall
be the duty of the commission to investi-
gaze the matters complained of in such
manner and by such means as it shall
deem proper.
Said com .'ission shall in like manner
investigate any complaint forwarded by
the railroad Commissioner or the railroad
commission of any state or territory, at
the request of such commissioner or com
mission, and may institute any inquiry on
its own motion in the same manner and
to the same effect as though complaint
had been made.
No complaint shall at any time be dis
missed cause of the absence of direct
damage to the conn lainsnt.
REPORTS INVESTIGATIONS.
Sec. IA. That whenever an lnvestiga-
shall be its duty to make 8 report in
writing In respect thereto, which snail in
clude the findings Of fact upon which the
conclusions of he commission are based,
together with it's recommendation as to
what repfrstion, if any, should be made
by the common carrier to any party or
parties who may be found to have been
injured; and such fndngs so made shall
thereafter, in all judicial proceedings, be
deemed prim& facie evidence as to each
and every fact fousd.
All reports Of investigations made by
the commission shall be entered of
record, and copy thereof shall be fur
nished 10 the party who may have COM
planned, and to any common carrier that
may have been complained Of.
NOTICE TO RAILROADS.
Sec. Is. That il in any case in which AZ
investigation shall be made by said COM
mission it shull be made to appear to the
satisfaction of the commission, either by
the testimony Of witnesses or other evil
dence, that anything has been done or
ON tied to be done in violation OF the
provisions of this act, or of any law cog
nizable by said commission, by any COM
mon carrier, or that any injury or dam
age has been sustained by the party or
parties complaining, or by other parties
asgrieved in consequence Of any such
violation, it shall be the duty vi the COM
mission to forthwith cause a copy of it's
report in respect thereto to be delivered
to such common carrier, together with
q, notice to Sid common carrier to
cease and desist from such violation, or
10 make PREPARATION for the injury SO
found to have been done, or both, within
reas nable time, to be specified by the
commissions; and il, within the time
specified, it shall be made to appear to
tue commission that such common car
rier has ceased from such violsti N of
law, and has made repsrstion for the in
jury found to have oeen done, in compli-
snce with the report and notice of the
commission, or to the satisfaction of the
party complaining, statement to that
effect shall be entered of record by the
commission, and the said common carrier
shall thereupon be relieved from further
liability or penalty for sach particular
violc ion of law.
PETITION IN UNITED STATES COURTS.
Sec l6. That whenever any common
carrier IS d. fiued ia ard subject To the
provisions of this act, shall violate or re-
fuse or neglect to obey any lawful order
or requirement of the commission in
this act named, 1t shall be the duty of the
commission, and lawful for any company
or persons interested in such order or re-
quiremest, to reply, in a summary way,
By petition, to the circuit court of the
United S ates sitting in equity in the ju-
dicial district in which the common Car
rler complained OF has it's principal office,
or in which the violation or dis bedience
of such order or requirement shall happen,
alleging such violation or disJbedience. as
Luc ChSc anu buC Salu COulb ou6il
have power to hear and determine the
matter, on such short notice to the CON-
mon carrier complained of as the Court
shall deem reasonable; and such notice
may be served on such common carrier,
mis- or It's officers, agents, or servants, in
such manner as The court may direct;
and said court shall proceed to hear and
determine the matter speedily as q court
of eqaity, and without the formal plead
ings and proceedings applicable to
ordinary suits 10 equity, but IN
sucn manner es to do justice in
the premises; and to this end SUCH court
shall have power, if it taink fit, to
direct aud prosecute, in such mode and
by such persons as it may appoint, all
such inquiries as the court may think
Leedful 10 enable it to form g just judg
ment in the mattef of such petition; and
on such nearing the report of said com
mission shall be prima facie evidence of
the matters therein stated; and il it be
made to appear to such court on such
hearing or ON report of any such person
or persons that the lawful order OF re
quirement of said commission drawn in
question has been violated or disooeyed,
il shall be lawful for such court to
issue a writ of Injunction OF other
proper process, mandatory or otherwise,
to restrain such common carrier